The High Court · 2025

Petition under Section 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Enlarge the Petitioner/Accused No.2 - Alu Siba on bail in Crime No. 511 of 2025 of Railway Police Station, Secunderabad, registered for the offences under Sections 8(c) r/w 20(bXiiXC) of NDPS Act, 1985 and Section 78 of the JJ Act, 2015, on such terms and condilions as this Hon'ble Court deems fit and proper in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P- Vikas Raj, Advocate for the Petitioner and Sri. Arun Kumar Doddla, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. S'tj JANA CRIMINAI PETITION No.12051 of 2X25 ORDER: This Criminal Petition is filed praying t -ris Court to enlarge the peLitioner on bail who is arrayed as rccused No.2 in Crime No.511 of 2025 before the Railway F rlice Station, Secunderabad, registered for the offence puri;hable under Section 8(c) read with 2o(b)(ii)(C) of the Narcct <: Drr.gs and Psychotropic Substances Act, 1985 (for short 'l'l )PS Act') and Section 78 of Juvenile Justice (Care and Protec : rn of Chilren) Act.

2. The brief facts of the case revolve around : eizure of total

37.518 Kgs of Ganja. The petitioner w:rt, arrested on 2O.O9.2025 for the sffences as alleged.

3. Heard Sri P.Vikasraj, learned counsel for rt:titioner. and Sri Arun Kumar Doddla, learned Additional Pt I lic Prosecutor appearing on behalf of the respondent-State.

4. Learned counsel for the petitioner sub r ttted that the petitioner is innocent and has been falsell, nrplicated. He 2 contended that in spite of petitioner being no way connected with the alleged offence and there being no direct evidence to prove the possession of contraband with petitioner, he has been languishing in judicial custody. Therefore, prayed this Court to allow this criminal petition, granting the relief of bail to petitioner.

5.. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that seized quantity of ganja is 37.518 Kgs which falls under commercial quantity, therefore, averred that the question of granting bail to the petitioner does not arise. Hence, he prayed the Court to dismiss the criminal petition.

6. Having regard to the rival submissions made and on going through the matenal placed on record, it is noted that the contention of learned counsel for petitioner is that the case against the petitioner is false and fictitious, whereas, the learned Additional hrblic Prosecutor opposes the petition, citing that seized ganja is commercial quantity. That being so, at this stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under: 3 "37. Oflences to be cognizabte and non-bailat I -- (l) Notwithstanding an5rthing contained in the ( ode of Criminal Procedure, 1973 (2 of 1974),--la) er:ry offence punishable under this Act shall be cognizable; (b) no person accused of an oflence punishabl br lloffences under section 19 or section 24 or st < ion 27A and also for offences involving comrn: cial quartityl shall be released on bail or on hrs bond unless-- ^vn (i) the Public kosecutor opportunity to oppose the release, and has been giverr an application for : rch (ii) where the Pubtc Prosecutor oppos(:s the application, the court is satisfred that ther r eLre reasonable grounds for believing that he rr not guilty of such offence and that he is not lik,.l to commit any offence while on bail. (2) The limitations on granting of bail specifi: I in clause (b) of sub-section (l) are in addition r) the limitations under the Code of Criminal prot,<,li rrc, 1973 (2 of 19741 or any ottrer law for the time , .ing in force on granting of bail."

7. From 37 of the commercial grounds to the above extracted portion, it is clez r t.hat Secrion NDPS Act mandates that offenc _'s involving quantities be non-bailable, requiri I I reason€rble believe the accused is not guilty ar) [ unlikelv to 4 commit further offences while on bail. Given the serious allegations against the petitioner, this Court is not satisfied that conditions for granting bail under Section 37 are met. That apart, it:is pertinent to note that as per the materia-l:on record, pima facie case is made against the petitioner.

8. In light of the above discussion, this Court is of the opinion that there are no merits in this criminal petition and the same is liable to be dismissed.

9. Accordingly, this Criminal Petition is dismissed Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/- L. LAKSHMI BABU DEPUTY REGISTRAR 6 SECTION OFFICER To

1. The Judicial Magistrate of the First Class for Railways at Secunderabad. 2. The Station House Offrcer, Secunderabad (GRP-2025) Police Station, GRp-

3. Two CCs to the Public Prosecutor Presiding at Honorable High Court Building Secunderabad. (ouT)

4. One CC to Sri. P Vikas Raj, Advocate [OPUCI 5. Two CD Copies. PM/PR HIGH COURT DATED:1711112025 / { ORDER CRLP.No.14051 of 2025 ,; o r ieJ !, ,) (J !- r') ,.\. {-'\* {r.- 2 I IItlIA Dr ;\T CL .t\ I <:, . :i DISMISSING THE CRIMINAL PETITION. I KJ 3l4u